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Court Watch

Cynthia M. Klaus & Meredith A. Bauer

Highlights of the latest franchising cases from around the country.

A New Legal Landscape for Franchising in South Africa Image

A New Legal Landscape for Franchising in South Africa

Kendal Tyre

South Africa's Consumer Protection Act will have a significant impact on franchising in that country. The president of South Africa signed the new legislation into law on April 24, 2009, and it was published in the government gazette on April 29, 2009. The Act codifies many franchise practices that have been advocated by the Franchise Association of South Africa since the early 1990s and expands on existing provisions of South Africa's Competition Act, 1998.

New Zealand Considers ' and Rejects ' Franchise Regulation Image

New Zealand Considers ' and Rejects ' Franchise Regulation

Rupert M. Barkoff

While the United States shares a common language and common law background with the United Kingdom and New Zealand, those countries have gone in a different direction in regulation of franchising.

Features

Electronic Medical Records Image

Electronic Medical Records

Barry B. Cepelewicz & Gary S. Sastow

Recently, physicians and other health care providers have been inundated with information regarding electronic medical records ("EMR"). However, it is believed that the vast majority of health care transactions are still taking place on paper.

Features

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Movers & Shakers

ALM Staff & Law Journal Newsletters

Who's doing what; who's going where.

How Property Is Divided in an Illinois Divorce Case Image

How Property Is Divided in an Illinois Divorce Case

Burton Hochberg

If you follow the tabloids and Hollywood divorces, you might mistakenly believe that property is automatically divided 50/50 in a divorce. While that it is true in community property states like California, it is not true in Illinois.

Tax Discounts on Valuations of Pass-through Entities Image

Tax Discounts on Valuations of Pass-through Entities

Mary Cushing Doherty

In the area of business valuation, the experienced practitioner should know as much, if not more, of the lingo than the competition. The seasoned attorney will know enough to size up his/her expert so the court does not dismiss a valuation as inherently unfair.

Features

Recession Keeps Family Lawyers Busy Image

Recession Keeps Family Lawyers Busy

Tresa Baldas

Lawyers who specialize in divorce and custody disputes say they have witnessed a flood of activity in family courts in recent months due to the state of the economy.

Discovering the Illegible Image

Discovering the Illegible

David A. Martindale

At one time or another, most attorneys handling litigated custody disputes have obtained evaluators' notes, only to find them to be undecipherable. It is the author's position that when this occurs, evaluators bear the responsibility for having their notes transcribed at their own expense.

Features

NY Tax Law May Have Far-Reaching Effects Image

NY Tax Law May Have Far-Reaching Effects

Kevin Adler

Franchisors and franchisees will be heading into uncharted territory in New York state when a new law takes effect in December 2009 requiring that every franchisor must provide the Department of Taxation and Finance with contact information and extensive sales and tax data about each franchisee that is operating in the state.

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    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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    Dishonest employees always have posed a problem for businesses. The average business may lose 6% of its annual revenues to employee fraud, and cumulatively the impact of employee theft on the economy is estimated to be $600 billion annually. <i>See</i> Association of Certified Fraud Examiners ("ACFE"), 2002 Report to the Nation on Occupational Fraud &amp; Abuse, at ii, 4 (2002), available at <i>www.cfenet.com/publications/rttn.asp.</i> Although the average loss through employee embezzlement is $25,000, where computerized financial records or transactions are involved, the average loss increases nearly twentyfold. <i>See</i> National White Collar Crime Center, <i>WCC Issue: Embezzlement/Employee Theft,</i> at 2 (2002), available at <i>http://nw3c.org/downloads/Computer_Crime_Weapon.pdf.</i>
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